S. 1886

Counterfeit Drug Penalty Enhancement Act of 2011

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I

112th CONGRESS

2d Session

S. 1886

IN THE HOUSE OF REPRESENTATIVES

March 7, 2012

Referred to the Committee on the Judiciary

AN ACT

To prevent trafficking in counterfeit drugs.

1.

Short title

This Act may be cited as the Counterfeit Drug Penalty Enhancement Act of 2011.

2.

Counterfeit drug prevention

Section 2320(b) of title 18, United States Code, is amended—

(1)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

Counterfeit drugs

(A)

In general

Whoever commits an offense under subsection (a) with respect to a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) shall—

(i)

if an individual, be fined not more than $4,000,000, imprisoned not more than 20 years, or both; and

(ii)

if a person other than an individual, be fined not more than $10,000,000.

(B)

Multiple offenses

In the case of an offense by a person under this paragraph that occurs after that person is convicted of another offense under this paragraph, the person convicted—

(i)

if an individual, shall be fined not more than $8,000,000, imprisoned not more than 20 years, or both; and

(ii)

if other than an individual, shall be fined not more than $20,000,000.

.

3.

Sentencing Commission Directive

(a)

Directive to sentencing commission

Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense described in section 2320(b)(2) of title 18, United States Code, as amended by section 2, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by the guidelines and policy statements.

(b)

Requirements

In carrying out this section, the Commission shall—

(1)

ensure that the sentencing guidelines and policy statements reflect the intent of Congress that the guidelines and policy statements reflect the serious nature of the offenses described in subsection (a) and the need for an effective deterrent and appropriate punishment to prevent such offenses;

(2)

consider the extent to which the guidelines may or may not appropriately account for the potential and actual harm to the public resulting from the offense;

(3)

assure reasonable consistency with other relevant directives and with other sentencing guidelines;

(4)

account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(5)

make any necessary conforming changes to the sentencing guidelines; and

(6)

assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.

Passed the Senate March 6, 2012.

NANCY ERICKSON,

Secretary